[Ecommerce] latest court ruling of domain name
Takeshi Muramoto
musan@mba.sphere.ne.jp
Fri Dec 8 02:51:01 2000
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The latest court ruling in terms of domain name dispute.
http://www.yomiuri.co.jp/index-e.htm
Yomiuri Shimbun
Wednesday's court ruling ordering a portable toilet sales company to
stop using an Internet domain name that incorporates words identical to the
name of consumer credit firm Jaccs Co. has aroused a controversy over the
current practice of apportioning domain names on a first-come, first-served
basis.
The ruling by the Toyama District Court has been favorably accepted by
many corporations that have failed to obtain domain names in Japanese
because the names have already been acquired by other organizations and
individuals.
Meanwhile, some lawyers involved in domain-name disputes have said the
matter will probably become even more complicated, adding that legislative
measures should be taken to address the issue.
The court ordered Toyama-based Nihonkai Pakuto to stop using the
domain name--jaccs.co.jp--finding in favor of Jaccs Co., based in Hakodate,
Hokkaido, which argued that a Web site domain name should be treated as a
company's trademark.
Nihonkai Pakuto has appealed the ruling.
A official for Shiseido Co. said the court decision was fair as the
Tokyo-based cosmetics company had not been able to obtain a Web site address
using the name "shiseido" because somebody had already taken the name.
Thus, if an Internet user enters "shiseido" into a browser's
navigation field, the user will be taken to a site completely unrelated to
the cosmetic company.
"This confuses (Internet) users," the official complained.
In a related case, Japan Airlines asked the World Intellectual
Property Organization to intercede in a case concerning a domain name using
"jal," but it was not allowed to take possession of the name from the
original domain holder.
JAL said it supported Wednesday's court decision since it dealt
precisely with the same problem the airline faced.
"In Europe and the United States, there are laws to give priority to
companies to register their domain names using their trademarks," a JAL
official said, adding "Japan should enact similar laws."
///////////
-----------------------------
Takeshi Muramoto, Director
Consmer Law News Network
Phone: 81-6-6365-9183
Fax:: 81-6-6365-7293
e-mail: musan@mba.sphere.ne.jp
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<DIV><FONT size=3D2>
<DIV><FONT size=3D2>The latest court ruling in terms of domain name =
dispute.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT size=3D2><A=20
href=3D"http://www.yomiuri.co.jp/index-e.htm">http://www.yomiuri.co.jp/in=
dex-e.htm</A></FONT></DIV>
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<TBODY>
<TR>
<TD><FONT size=3D4><B></B></FONT><FONT size=3D3>
<P>=20
<P>Yomiuri Shimbun=20
<P>Wednesday's court ruling ordering a portable toilet sales =
company to=20
stop using an Internet domain name that incorporates words =
identical to=20
the name of consumer credit firm Jaccs Co. has aroused a =
controversy over=20
the current practice of apportioning domain names on a first-come, =
first-served basis.=20
<P>The ruling by the Toyama District Court has been favorably =
accepted by=20
many corporations that have failed to obtain domain names in =
Japanese=20
because the names have already been acquired by other =
organizations and=20
individuals.=20
<P>Meanwhile, some lawyers involved in domain-name disputes have =
said the=20
matter will probably become even more complicated, adding that =
legislative=20
measures should be taken to address the issue.=20
<P>The court ordered Toyama-based Nihonkai Pakuto to stop using =
the domain=20
name--jaccs.co.jp--finding in favor of Jaccs Co., based in =
Hakodate,=20
Hokkaido, which argued that a Web site domain name should be =
treated as a=20
company's trademark.=20
<P>Nihonkai Pakuto has appealed the ruling.=20
<P>A official for Shiseido Co. said the court decision was fair as =
the=20
Tokyo-based cosmetics company had not been able to obtain a Web =
site=20
address using the name "shiseido" because somebody had already =
taken the=20
name.=20
<P>Thus, if an Internet user enters "shiseido" into a browser's =
navigation=20
field, the user will be taken to a site completely unrelated to =
the=20
cosmetic company.=20
<P>"This confuses (Internet) users," the official complained.=20
<P>In a related case, Japan Airlines asked the World Intellectual =
Property=20
Organization to intercede in a case concerning a domain name using =
"jal,"=20
but it was not allowed to take possession of the name from the =
original=20
domain holder.=20
<P>JAL said it supported Wednesday's court decision since it dealt =
precisely with the same problem the airline faced.=20
<P>"In Europe and the United States, there are laws to give =
priority to=20
companies to register their domain names using their trademarks," =
a JAL=20
official said, adding "Japan should enact similar laws."=20
</FONT></P></TD></TR></TBODY></TABLE></FONT></DIV>
<DIV> </DIV>
<DIV><FONT size=3D2>///////////</FONT></DIV>
<DIV><FONT size=3D2>-----------------------------<BR>Takeshi Muramoto,=20
Director<BR>Consmer Law News Network<BR>Phone: 81-6-6365-9183<BR>Fax::=20
81-6-6365-7293<BR>e-mail: <A=20
href=3D"mailto:musan@mba.sphere.ne.jp">musan@mba.sphere.ne.jp</A><BR>----=
-------------------------</FONT></DIV></FONT></DIV></BODY></HTML>
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